Terms of use

http://www.marlo.co is a site operated by MARLO TECHNOLOGIES LIMITED ("We"). We are a private limited company registered in England and Wales under company number 11450311 and have our registered office at 1 Bell Street, 2nd Floor, London, England, NW1 5BY.

Our site is an online business to business marketplace that acts as a bridge between the lenders and the borrowers operating in the global maritime industry, offers business bank accounts with our third party banking as a service provider(s), and provides other services in relation to the maritime industry.

To contact us, please email contact@marlo.co

By using our site, you confirm that:

1. you are 18 or over; and
2. you accept these terms of use and any other terms which may apply to you from time to time and you agree to comply with them.

If you do not agree to these terms, you must cease to use our site immediately.

We recommend that you print a copy of these terms of use for future reference.

Our Privacy and Cookie Policy which sets out information about the data we collect and the use of cookies on our site and also apply to your use of our site.

We aim to perform the following services (together "our services"):

1. Digitally connect borrowers (generally shipping companies) (“users”) to lenders and independent third-party loan providers via our site (the marketplace) for the purposes of short-term financing via various loan products (subject to the applicable regulations and terms and conditions of each lender).
2. Enable users to optimize their operations through the use of online tools that help them carry out critical functions including but not limited to, paying for port charges, managing business-related documentation and making voyage estimates ("applications").
3. Enable users to open business bank accounts with our designated independent third party banking-as-a-service provider(s) (“bank accounts”).
4. Provide users with bespoke maritime services, including but not limited to voyage estimations, vessel tracking, and financial insights.

We do not represent ourselves as any of the following: a bank, broker, lender or financial institution, and any financial services which are included or referenced or on our site are provided by independent third party lenders or banking or financial service providers with whom we have separate agreements (“third party providers”).

We are not responsible for, nor take any part in, lending or credit processes.

We do not lend money or provide bank accounts or banking services to anyone, nor are we involved in any direct financial transactions with any of our users except for collection of Service Fees as mentioned in paragraph 4 (the “service fee”).

The lending decision is made solely by each lender subject to the individual lending criteria.

The decision as to whether to provide a bank account to a user is made solely by each independent bank, subject to their own criteria.

We are not able to speed, influence or impact the lending or banking process in any way.

When deciding to borrow from any of the lenders via our site, you acknowledge and agree that you have considered all options available to you and should you choose to enter into a binding facility agreement with a lender, or open a bank account with one of our banking as a service providers, you are doing so at your own risk.

If you are unsure about any aspect of the lending or banking process, you must consult a professional before making your decision to borrow or open a bank account.

The provision of the Services:

1. To the borrowers is subject to (i) a fixed fee charged on a monthly or annual basis as the case maybe (Refer www.marlo.co/pricing) and (ii) a processing fee of $100 charged upon drawdown,
2. To the lenders is subject to a fee, linked to their overall lending activity and to be discussed and agreed between Marlo and each lender.
3. Any additional fee as agreed in the Platform User Agreement (SaaS Agreement)

We amend these terms from time to time. Every time you wish to use our site and time after time after creating a user account (a “Marlo account”), please check these terms to ensure you understand the terms that apply to you at that time.

These terms were most recently updated on 27 December 2023.

We work constantly to improve our services and develop new features to make our site better for you. We may need to update and change our site from time to time to reflect changes to our services, our users' needs and our business priorities. We may need to update these terms from time to time to accurately reflect our services and practices. Please frequently check these terms for updates.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

you are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

Certain parts of our site (including the ability to purchase services from us) may require a Marlo account in order to access them.

You may not create a Marlo account if you are under 18 years of age.

When creating a Marlo account, the information you provide must be accurate and complete.  If any of your information changes at a later date, it is your responsibility to ensure that your Marlo account is kept up-to-date.

We require that you choose a strong password for your Marlo account, consisting of minimum length of 8 characters, contain at least one number and contain at least one special character. It is your responsibility to keep your password safe.  You must not share your Marlo account, security and sensitivity details with anyone else. We will not be liable for any unauthorised use of your Marlo account.

You must not use anyone else’s Marlo account without the express permission, of the user to whom the Marlo account belongs, obtained through our site.

Any personal information provided in your Marlo account will be collected, used, and held in accordance with your rights and our obligations under the law and our Privacy Policy.

If you wish to close your Marlo account, you may do so at any time (provided that all loans made to you have been settled in full, and all monies owed by you to Marlo have been paid), by contacting us at contact@marlo.co.  Closing your Marlo account will result in the removal of your information subject to data retention requirements by the law enforcements and regulators.  Closing your Marlo account will also remove access to any areas of our site requiring a Marlo account for access.

If you choose, or you are provided with, a user identification code, password or any other piece of information for your Marlo account as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at contact@marlo.co

We do not guarantee the availability of any financial product or the service of any of our third party providers.

We are not responsible for any information published by any of our third party providers on our site. Nor do we guarantee that any product or service is suitable for your needs.

For regulatory reasons, you may be required to enter into additional separate accounts with our independent banking-as-a-service providers. Please note that these accounts are separate from your Marlo account, but you will not be able to use these independent accounts in order to log in with our providers outside of the Marlo platform.

We do not guarantee the availability of any loan product, bank account or service, applications or other services.

Our site may contain information published by our third party providers or counterparties related to the applications. We do not represent that any such information is true and accurate.

We run the site and are not responsible for the information provided by any of our third party providers or counterparties related to the applications or other counterparties.

Registration on our site does not represent your creditworthiness nor shall your registration alone be treated as an approval of any borrowing or banking service request. Any lending or provision of any banking service is subject to credit checks and verifications, as may be applicable from time to time. This is similarly and correspondingly the case in respect of any intended use of applications by you.

After creating a Marlo account, you may access and review our sample loan agreement, Connected Account Agreement and any other sample agreements we make available to you in terms of which users may contract with our third party providers (the “third party agreements”).

At all times it is your sole responsibility to check the third party agreements and any other documents uploaded on our site. We do not represent nor warrant that any of the documents are suitable for the purposes or services which you are seeking to procure, and all such documents have been made available solely for guidance.

Should you choose to enter into any of our third party agreements or any other document made available on our site you represent and warrant to hold us harmless against any loss or damage that you may suffer in connection with the use of any such document.

If you have any questions or doubts in relation to any document, whether downloaded on our site or provided by any third party provider, you must contact such third party provider directly and seek legal representation if necessary.

The third party providers may request from you additional materials, notices, information, marketing materials or any other document pertinent to the service being offered by such third party provider. This communication can be sent by us, the relevant third party provider or any of our other partners.

By continuing to use our site, you agree to receive current and future communications relating to your Marlo account on our site and your activities and interests on our site electronically. These electronic communications will be sent to the email address provided by you at the time of submitting your information.

You agree that you have appropriate technical means to receive all such correspondence are capable of reading and attending to such communications. You also acknowledge and agree that we or our third party providers may send you requests for additional information which may be required to be responded to within such time periods as may be set out in such relevant emails.

In addition to e-correspondence, we may send you information and correspondence via non-electronic channels. If you do not wish to receive such correspondence, please contact us at stopmails@marlo.online

Please note that you may change your correspondence preferences at any time.

We (or our licensors, as may be applicable) are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Intellectual property rights means registered or unregistered rights granted, applied for otherwise in existence now or in the future under or related to any copyright, trade marks, domain names, design rights, database rights or protection, trade secret, patents and all other intellectual property rights of any kind and all similar or equivalent rights or forms of protection in any part of the world. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. We and our licensors reserve all of our and their rights in any intellectual property in connection with these terms.

We own all rights, title and interest in the Marlo platform and our proprietary technology, including our software (in source and object forms), algorithms, user interface designs, architecture, and documentation (both printed and electronic), network designs, know-how, and trade secrets, and including any modifications, improvements, and derivative work thereof.

Nothing in these terms grants you any legal rights in our site other than as necessary to enable you to access our site. You agree not to adjust, try to circumvent or delete any notices contained on our site (including any intellectual property notices) and in particular any digital rights or other security technology embedded in our site.

You may print off copies, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain independent professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the content of those sites or resources.

Our site may include content, information and materials uploaded, published, broadcast or shared by other users of the site, by or through a website or any other online platform, including content shared to bulletin boards and chat rooms. Such content may include information, data, communications, video, text, graphics, photos, sounds, music, audiovisual works and chat feed comments, and may have been created by you directly or on your behalf utilising artificial intelligence (“user-generated content”). This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on complaints@marlo.online

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

1. use of, or inability to use, our site; or
2. use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.

We will only use your personal information or personal data as set out in our Privacy Policy.

You warrant that you will be solely responsible for any user-generated content submitted to our site by you.  Specifically, you agree, represent, and warrant that you have the right to submit the user-generated content and that all such user-generated content will comply with the content standards set out in paragraph 22 (the “content standards”), and you will be liable to us and indemnify us for any breach of these warranties. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any user-generated content will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties.

If you wish to remove your user-generated content from our site, user-generated content in question will be deleted or anonymised. Please note, however, that caching or references to your user-generated content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of our reasonable control).

We may reject, reclassify, or remove any user-generated content from our site where, in our sole opinion, it violates our content standards, or if we receive a complaint from a third party and determine that the user-generated content in question should be removed as a result.

We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in user-generated content.  Any such opinions, views, or values are those of the relevant user and do not reflect our opinions, views, or values in any way.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

You are solely responsible for securing and backing up your content.

When you upload or post content to our site, you grant us the licence to use your content for the purposes of providing our services to you.

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.

You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are providing a link to our site must comply in all respects with the content standards.

If you wish to link to or make any use of content on our site other than that set out above, please contact contact@marlo.co

These content standards apply to any and all user-generated content or any other content which you upload to our site , and to any interactive services associated with it.

The following content standards apply to all  content:

All content must:

1. be accurate (where it states facts);
2. be genuinely held (where it states opinions); or
3. comply with the law applicable in England and Wales and in any country from which it is posted.

User-generated content must not:

1. be defamatory of any person;
2. be obscene, offensive, hateful or inflammatory; or
3. promote sexually explicit material;
4. promote violence;
5. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
6. infringe any copyright, database right or trade mark of any other person;
7. be likely to deceive any person.
8. breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
9. promote any illegal activity, such as sedition;
10. be in contempt of court;
11. be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
12. be likely to harass, upset, embarrass, alarm or annoy any other person;
13. impersonate any person, or misrepresent your identity or affiliation with any person;
14. advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
15. contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
16. post any advertisement which is prohibited by relevant laws and regulations; or
17. give the impression that they relate to us, if this is not the case.

We will determine, in our sole discretion, whether any content breaches the content standards.

You may use our site only for lawful purposes. You may not use our site:

1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. for the purpose of harming or attempting to harm minors in any way;
4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
5. to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You shall not, whether directly or indirectly:

1. modify, make alterations, additions or amendments to our site;
2. use any spider, robot, site search/retrieval application, or other automated or manual software, device, process or any other means to access, retrieve, harvest, scrape, or index any portion of our site;
3. take any action that imposes, or may impose, as determined in our sole discretion, an unreasonable or disproportionately large burden on our or our third party providers’ infrastructure or technology, or otherwise make excessive traffic demands on our site;
4. interfere or attempt to interfere with the operation of our site;
5. reverse engineer, decipher, disassemble, decompile or otherwise attempt to derive any source code or any underlying intellectual property, ideas or algorithms embedded in our site;
6. modify, translate, or otherwise create derivative works of any part of our site;
7. utilize any information, content or data you view on and/or obtain from by virtue of using our site to provide any service that is competitive with ours;
8. undertake any actions which may damage our goodwill;
9. attempt to override, interfere with, disable, bypass, circumvent or damage any security feature of our site or any other measures we may use to prevent or restrict access to our site;
10. run any form of auto-responder or “spam” on our site;
11. attempt to gain unauthorized access to restricted parts of our site or any user profiles through hacking, password mining or any other means; or
12. take any other action which may be in breach of these terms.

You also agree:

1. not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms;
2. not to access without authority, interfere with, damage or disrupt:
3. any part of our site;
4. any equipment or network on which our site is stored;
5. any software used in the provision of our site; or
6. any equipment or network or software owned or used by any third party.

Using our site in an unlawful way (such as reproducing or redistributing it in a way that breaches these terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.

We will do our best to assess any possible risks for users when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

When we consider that a breach of these Terms of Use has occurred, we may take such action as we deem appropriate.

Failure to comply with these terms may result in our taking all or any of the following actions:

1. immediate, temporary or permanent withdrawal of your right to use our site;
2. immediate, temporary or permanent removal of any user-generated content uploaded by you to our site;
3. issue of a warning to you;
4. legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
5. further legal action against you; and/or
6. disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We may block users if they breach any terms of these Terms of Use, or if we are reasonably requested to do so by any of our third party providers, law enforcement and regulators.

We (and/or our authorised third party service providers) are entitled to suspend your Marlo account and/or otherwise restrict functionality if you are in breach of these Terms of Use or any other applicable agreement between us and you. In all such cases we will, to the extent practical and permitted under applicable laws, provide you with reasonable notice in advance of taking these steps. However, we may suspend your Marlo account and/or your access to our platform or our site and/or otherwise restrict functionality without notice if you are using your Marlo account or our services in a manner that could cause us or our third party service providers legal liability or disrupt other users’ ability to access and use our services. Any suspension or restriction shall continue for such a period as we and/or our third party providers shall reasonably determine to be necessary. Where we are required to do so in terms of our agreements with third party financial and banking service providers, we will inform such third party providers of any breaches by you of these Terms of Use and will co-operate with them in respect of enforcement of their rights in respect of any such breach.

We exclude our liability for all action we may take in response to breaches of these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.